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MINUTES OF THE REGULAR MEETING
FORREST CITY CITY COUNCIL
FORREST CITY, ARKANSAS
October 20, 2009

The City Council of Forrest City, Arkansas, met in regular session on October 20, 2009. The meeting was called to order at 6:00 p.m. Alderman Capps opened the meeting in prayer. The following answered roll call: Mayor McCoy, Clerk Cochran, Attorney Cline, and City Council Members: Alderman Peacock, Hollowell, Shepherd, Twillie, Fields, Capps, Twillie and Oswalt. Alderman Jeffers was absent.

Alderman Shepherd made a motion to approve the minutes of the previous meeting. Seconded by Alderman Capps. Roll Call: All Ayes.

Committees

Personnel Policy Committee
Alderman Oswalt presented a resolution to amend the personnel policy removing the section referring to the employee reimbursing the city for the cost of a physical examination if the employee leaves the city before the 90-day period.

Attorney Cline read A Resolution To Amend The Personnel Policy Handbook As Hereinafter Set Forth; And For Other Purposes. Alderman Oswalt made a motion to adopt the resolution. Seconded by Alderman Shepherd, Roll Call: All Ayes.

UNFINISHED BUSINESS

Fire Truck Bid Opening
One bid was presented from Pro Fire Equipment in the amount of $299,980.00 and $75,000.00 trade in for the old truck 2000 model. Mayor McCoy said he would get with the fire chief

New Business

Animal Control Ordinance
Alderman Shepherd presented the new animal control ordinance for all the council members to review. He also stated he had a copy for the police chief and the humane society.

Alderman Twillie asked how many sources he used to compile the information. Alderman Shepherd stated two sources, the primary source being Conway, Arkansas. Alderman Twilllie asked Mayor McCoy if he had a chance to visit with Conway on the ordinance. Mayor McCoy stated he went to Conway and visited with the Mayor Pro Tem and he said they had an ordinance on the books, but it was difficult to enforce.

Alderman Twillie asked Alderman Shepherd if he had spoken with anyone concerning the ordinance. Alderman Shepherd stated no he had not; he just looked at some ordinances and tried to apply them to the city’s situation. Alderman Twillie asked Alderman Shepherd if he would check with the cities he received the information from to see how they administered the ordinance.

Alderman Peacock asked Alderman Shepherd if the Animal Control Committee had any discussion on the ordinance. Alderman Shepherd stated the committee talked about it and tabled the issue due to Attorney Cline dealing with court issues. The committee felt they were not effective, so he put the ordinance together for the council to look at.

Alderman Peacock then asked if the humane society had been given a copy of the ordinance and if they had any dialogue concerning the ordinance. Alderman Shepherd stated he had a copy to give them.

Alderman Peacock stated he was looking at a letter, lying at his desk, concerning the animal control director and some issues with the humane society. Alderman Peacock said as a former city employee he had a problem with the letter and wanted to know what the council was going to do about it. Alderman Peacock said for someone being instructed by the city to do their duties, and feeling they are in a hostile environment was not good.

Mayor McCoy stated he has mentioned several times about securing the building and controlling the flow of daily activity. He also said he had been consulting legal council and it is up to the city council to make a decision. Alderman Twillie stated if there are procedures to eliminate problems, then it needs to be controlled. Alderman Shepherd stated at the last council meeting, they discussed changing the locks and making the keys available through the police department.

Alderman Oswalt said he did not think the council should do anything to jeopardize something before going to court.

Attorney Cline stated he would ask the courts to address the issues. Alderman Peacock asked what the city employee would do until the court date. Alderman Twillie said he had a problem with verbal abuse; he wanted to know if they had a method to stop it and maybe start working on a paper trail. He also asked Attorney Cline if he had any legal advice for the employee. Attorney Cline stated he had spoken with Mayor McCoy on the issues and at this time he did not want to discuss it. Mayor McCoy stated he thought the city council would be doing a grave injustice if they remain silent and act like the letter does not exist and not take a stand; it needed to be addressed.

Alderman Peacock stated if the council would allow him, he would like to see if there was a humane society representative present that would like to speak on the issue. Alderman Twillie asked what the issue was. Alderman Peacock stated the harassment letter and how they could get past it. Alderman Capps stated that the complaint is based upon the employee handbook. The handbook protects employees from other employees more than it does from a citizen. Mr. Hamilton’s complaint is not against an employee; maybe he should look for legal advice. Alderman Twillie objected to having the humane society speak, he felt that would be holding court.

Alderman Oswalt stated maybe they could work something out where the humane society and the employees would not be in the building at the same time.

Alderman Twillie asked what it would accomplish if the humane society side was heard; it is basically “he say, she say” and he was not going to vote based upon that.

(Alderman Twillie left the council chamber at 6.25 p.m. and returned at 6:45 p.m.) Alderman Peacock told the city council he would like to recognize Gay Schwartz to speak on behalf of the humane society. Alderman Hollowell stated the letter needed to be read so they would know what to comment on. Alderman Peacock read the letter to the public that Roy Hamilton wrote to the mayor and city council.

Gay Schwartz commented that as far as she knows everyone out there has been very respectful. Their problem out there is the gentleman (Roy Hamilton) not doing his job. She also said she is sorry things have evolved, but if the gentleman was doing his job, it would be different. She said no one has broken into anything, and no humane society member goes out to the animal shelter alone. Alderman Peacock said they need to have the building secured, but have someone on call to meet with humane society members and let them in the building. He also said they had to get some control on who’s going in and who’s doing what. Alderman Peacock made a motion to change the locks on the doors and have the humane society calls transferred to the fire station and have someone to let them in. After a lengthy discussion, Alderman Oswalt asked Alderman Peacock to restate his motion. Alderman Peacock made a motion to change the locks and allow a fireman or policeman, at the mayor’s discretion, or whomever he wants to meet the humane society out there when they need to get into the building to do what they have to do. After further discussion Alderman Twillie Seconded the motion. Roll Call: Alderman Peacock, Twillie, and Fields All Yes. Alderman Hollowell, Shepherd, Capps, and Oswalt All No.


STREET FUND BILLS

Alderman Oswalt made a motion to pay the street fund bills totaling $5,661.20. Seconded by Alderman Twillie. Roll Call: All Ayes.

GENERAL FUND BILLS

Alderman Hollowell made a motion to pay general fund bills totaling $40,856.43. Seconded by Alderman Capps. Roll Call: All Ayes.


Announcements
Grant workshop November 13, 2009 at the civic center 9:00 a.m. until 4:00 p.m.

Alderman Twillie made a motion to adjourn at 7.05 p.m.

. _______________________
Cecil Twillie, Mayor Pro Tem
____________________________
Derene Cochran, Clerk-Treasurer

 

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